• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Law

The law governing veterans disability is a vast area. We will help you ensure you receive the benefits you have earned.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions pay, training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating that ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for veterans disability lawyer Claims. The procedure is complex with specific rules and procedures to be followed and the law is constantly changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you must submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it's important to provide reasons why you are not happy with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

You can file your NoD within one year from the date you appealed against the unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with the date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will scrutinize all evidence presented before making a final decision. A good attorney will ensure that all the proper evidence is presented at the hearing. This includes all service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a crippling physical or mental condition that was caused or worsened by their military service may be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans disability law firms (Moden126.mireene.com) get all the benefits to which they have a right to. We assist veterans to file an application and obtain the necessary medical records along with other documents to complete the necessary forms, and track the VA’s progress.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements on the percentage evaluation, or disagreements over the effective date of a rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that further SOCs are filed with all the required information to support each argument in a claim.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their job. This includes adjustments to job duties or workplace adjustments.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to a job. The five options are reemployment at the same employer, speedy access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For example that they require more time to finish the test or if it's okay to speak instead of write their answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to raise awareness and increase understanding of veteran concerns. In addition, they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to obtain employment. To help these veterans to find work, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers may ask about a person's health history and prevents harassment or reprisals because of disability. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, like hearing and seeing, walking, breathing. Standing, sitting, working, learning and learning, etc. The ADA does not cover certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This can include changing equipment, offering training, reassigning the duties to different jobs or facilities, and acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice that are adapted for people who have limited physical strength.